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1 PUBLIC OPINION ON THE MANDATORY DEATH PENALTY IN TRINIDAD A SUMMARY OF THE MAIN FINDINGS OF A SURVEY Roger Hood and Florence Seemungal A Report for the Death Penalty Project and the Rights Advocacy Project of the University of the West Indies Faculty of Law The Survey: A survey of the opinions of a representative sample of 1,000 residents of Trinidad, almost all of them citizens, on the very topical subject of the death penalty, in particular the support for and use of the mandatory death penalty for murder under current Trinidadian law, has just been completed. The data was collected in Trinidad (but not Tobago for reasons largely of the cost involved in collecting a small sample of interviews) by face-toface interviews between 16 th November and 16 th December The survey was designed by Professor Roger Hood of Oxford University and Dr Florence Seemungal a Trinidadian psychologist, who is also attached to Oxford. It was commissioned by the Death Penalty Project in London in association with the Rights Advocacy Project of the University of the West Indies Faculty of Law. The survey was carried out by the experienced company, Market Facts and Opinions of Trinidad and was funded by grants made to The Death Penalty Project. A sample of 1,000 people is likely to produce very little error in a country with a population of 1.26 million. Of all those approached for interview, 65 per agreed to take part, with only a tiny proportion of these expressing some reluctance; a very satisfactory outcome. The proportions of males and female respondents; persons with African, East Indian or mixed heritage; and the location of their residence (over 12 areas of the country) were very close to the proportions found in the total population. When the sample was split between the first 500 interviews analysed and the second 500, the findings were virtually the same another index of their reliability. Main findings: Level of support for the mandatory death penalty The mandatory death penalty system in Trinidad (under which everyone convicted of murder must be sentenced to death by the judge) was first explained to the interviewee, who was then asked whether he or she supported it; whether they 1

2 were in favour of the death penalty but thought that it should not be mandatory and the judge should have the discretion whether or not to sentence someone convicted of murder to death, depending on the circumstances of the offence and the offender ; or whether they were against the death penalty altogether and in favour of its abolition. This showed that: Although 91% of respondents were in favour of the death penalty only 9 per opposed it in principle;. the current mandatory death penalty for murder was supported by only quarter (26%) of the population surveyed; while nearly two-thirds (64%) preferred a discretionary death penalty. Reasons: The main reason given by the minority who favoured the mandatory death penalty was retribution that premeditated murderers deserved to die, a life for a life and that everyone should be treated the same. In contrast those favouring a discretionary system did so largely either because they recognised that not all who commit murder deserve to die or they wanted to reserve it for the most gruesome murders. Only just over 1 in 10 of supporters of the mandatory death penalty gave deterrence of others as their main reason. Indeed 87% of them said they would still support the death penalty it even if scientific evidence were forthcoming that it was not a more effective deterrent to imprisonment than a long period of imprisonment. Furthermore, when asked what they thought might be most effective policy for controlling violent crime leading to death in Trinidad and Tobago, only 36% of those who favoured the mandatory death stated a greater number of executions, while among those who favoured a discretionary death penalty, only 18% thought more executions would be the most effective policy. Even more surprising, just over a third (36%) of those who supported the mandatory death penalty rated greater number of executions of murderers as the least likely policy to reduce violent crimes leading to death, as did 54% of those in favour of a discretionary system. 2

3 Taking into account the whole sample of 1,000 persons, only one in five (21%) put more executions at the top of their list: that place was given to better moral education of young people : 43%. When respondents who favoured either the mandatory or discretionary death penalty were asked whether they would still favour capital punishment if evidence became available that inno people have sometimes been executed, support was much less for both groups. Among those who had said they would favour the mandatory death penalty support would fall from 26.4% to 14.5% of the 1000 people interviewed. Including those who were in favour of a discretionary death penalty (a much higher proportion of whom would oppose capital punishment if an inno person was found to have been executed), the proportion of all 1,000 interviewees who would favour the death penalty if evidence of the execution of inno people were brought to light would be only around one third of the population: 35% which is very different from the 91 per level of support for the death penalty when no mention of the possibility of innocence was drawn to their attention. Interviewees were asked whether they thought that juries would be more likely to convict for murder rather than manslaughter, if it were abolished. Almost the same proportion of those who favoured the mandatory death penalty (74%) said yes, as did those favouring the discretionary death penalty (76.4%). Altogether nearly threequarters (73%) of the 1,000 Trinidadians interviewed thought that abolition of the mandatory death penalty would bring about more convictions for murder. In other words create greater certainty of punishment for the worst crime. Support for the death penalty in reality: In order to gain a better impression of support for the death penalty among those who favoured either the mandatory or discretionary death penalty, interviewees were shown three scenarios describing a murder: one involving a robbery, another involving a domestic murder by a woman, and a third involving a drugs-related murder. Each of these types of case had two examples, one in which it was possible to perceive a mitigating element and one without the mitigating factor. These cases were randomly assigned to interviewees. This exercise showed that even among those who had said they were in favour of the death sentence being mandatory, whatever the circumstances, many of them would not enforce it when faced with the particular circumstances before them. 3

4 A. Robbery murders Case 1: A man robbed a local shop with a gun and killed the owner by shooting him in the head. He took away with him 200 dollars cash. He had not previously been convicted of any crime. He was convicted of murder. Mandatory Discretionary Opposed to Total death penalty death penalty death penalty Numbe r Per Death Not Death * 56.1 Total * 100 * Including 1 person with no opinion, opposed to death penalty in this case Overall, less than half of those interviewed (44%) thought that death was the appropriate sentence for this case, despite it being a murder by firearm in the course of committing a felony. Even a quarter of those who supported the mandatory death penalty did not choose death. Among those who did, the vast majority said that death was deserved for such a deliberate crime with a minority (only 14) adding that he might kill again. However, only one person mentioned that it would send a message to anyone contemplating such a crime. 4

5 Case 2: A man robbed a local shop with a gun and killed the owner by shooting him in the head. He took away with him 200 dollars cash. He had previously been in prison twice for robbery. He was convicted of murder. Death Not death Total In this case, where there were no mitigating factors, seven out of ten respondents chose the death penalty: those in favour of the mandatory death penalty (88%), more often (71%) than those who supported judicial discretion. The main reason was retributive and preventative, about a quarter implying that a death sentence would stop him from committing such a crime again. However, only two of the 351 who thought he should be put to death mentioned the potential deterrent effect of the sentence on others who might kill. B. Domestic murders Case 1: A woman who had been abused by her husband for many years decided to kill him by poisoning his food. A neighbour discovered the death of the husband and reported it to the police and the wife was convicted of murder. Death Not death Total In this case, where there were extenuating circumstances the proportion choosing death was only about one in ten; and less than a quarter (23%) among those who had said they supported the mandatory death penalty. Only seven per of those who favoured judicial discretion would themselves have imposed capital punishment. The main reason for choosing death was desert, a life for a life. Not 5

6 one person mentioned deterrence of others, although two thought that she might do it again. Public opinion appears to favour strongly the removal of the death penalty from cases like this. Case 2: A woman deliberately poisoned her husband, who died, so that she could be free to live with her lover. She was convicted of murder Death Not death * 39.2 Total *Including 1 person with no opinion, opposed to death penalty in this case For this deliberate murder for personal gratification there was a difference in the proportions (77% v 63%) who thought death was the appropriate penalty between those favouring a mandatory or a discretionary death sentence. Altogether, almost 40 per did not think that death was deserved. Overwhelmingly the reasons given for imposing the death penalty were that the murder was deliberate and premeditated, done on purpose and with intent, furthermore the murder was unnecessary because she could have left him or filed for divorce. It was deserved. But only a tiny minority 3 of the 303 justified their choice of the death penalty, in part, by the claim that it would act as a warning to other wives. And only 18 (6 per ) of those who chose death mentioned the preventative reason, that she could kill her next husband. C. Drug/gang-related murders Case 1: A young man aged 19 deliberately shot dead a drug dealer who had failed to pay a debt. He had no previous convictions for violence and had said that he killed the victim on the orders of an older man. He was convicted of murder. Death Not death * 63.4 Total * Including one person with no opinion, opposed to the death penalty in this case 6

7 In this case of deliberate and planned murder with a firearm less than four out of ten (37%) interviewees chose death as the appropriate penalty. Indeed, just over forty per of those in favour of a mandatory death sentence for all murders did not choose death. Nor did two-thirds of those in favour of a discretionary death penalty choose death. Clearly, the majority of interviewees believed that no prior record, young age, and possibly influence of an older person were mitigating circumstances that should be taken into account even in a serious murder while committing a felony with a deadly weapon. Among those who favoured the death penalty only five persons mentioned that they did so because it would set an example to others. Twenty five (14%) of those who imposed the death penalty also believed that he posed a danger in that he might continue to offend and become a hit man. Case 2: A man aged 35 with previous convictions for violence and drug dealing deliberately shot dead a rival drug dealer who had failed to pay back a debt. He was convicted of murder. Death Not death Total In this serious case of deliberate killing by a mature man with previous convictions 90 per of those in favour of the mandatory death penalty chose death. But so did almost three-quarters (73%) of those who supported a discretionary death penalty. The main reasons chosen again stressed the deliberate nature of the crime and the criminal record of the offender, allied in 92 (26%) of instances to his involvement in drugs, which made him a menace, dangerous or resistant to reform and therefore likely to repeat such a crime. Only eight (2.3%) of those that chose death mentioned the possible impact of a death sentence on others as one of the reasons. It should be noted, however that the proportion of all interviewees who chose the death penalty (71%) is still 20 perage points lower than the 91% who said that they were in favour of the death penalty when asked generally about it. Conclusions drawn from the scenario decisions One thousand people decided whether they thought that the death penalty was the appropriate penalty to impose on each of three scenarios of cases which under current law would attract a mandatory sentence of death 3,000 decisions in all. They 7

8 imposed death in 1,463 instances, just under half (48.8%) of those they were called upon to decide. Thus support for the death penalty in reality is much lower than the 92 per suggested when asked simply whether they were in favour of the death penalty. Looking at the three decisions each made by the 264 persons (792 decisions) who had said that they were in favour of the mandatory death penalty nearly all strongly in favour - the death penalty was actually chosen by them in two-thirds (67.6%) of their decisions. But in fact support for it being mandatory in ALL cases was much less than this. Of the 264 who generally favoured the mandatory death penalty, only a minority of them (39%) actually considered it to be the appropriate sentence for all three of the scenario cases on which they were asked to pass judgement. If we were to regard this 103 as the stalwart supporters in reality of the mandatory death penalty they would represent only about one in ten (10.3%) of all 1,000 persons interviewed for this survey. Taken as a whole, including those who favoured a discretionary death penalty and those who opposed the death penalty, only 215 interviewees (21.5%) of the 1,000 people who judged these cases chose the death sentence in all three of the scenario cases. In other words about 80 per did not in reality impose an inflexible system of mandatory death for murder. It was clear from the reasons given for preferring a sentence of death when judging these cases, that the primary reason was that they deserved it for their deliberate action and in some cases their prior history of offending. A secondary, but much less often mentioned reason, cited in only 1 in 7 of the death penalty decisions [202/1463], was to rid society of repeat serious offenders who might commit more grave crimes if not put to death. But hardly anyone (only 19/1463, or a mere 1.3 per ) appeared to base their decision to impose the death penalty because it was necessary to deter other persons from committing murder. Other analyses Further information will become available on issues such as preferred alternatives to the death penalty and views on the appropriateness of convicting persons of murder who are involved in the crimes of joint enterprise, but personally involved in the killing. 8

9 Headlines: Trinidadians are in favour of the death penalty by a large majority, but only a minority, close to a quarter, favour the death penalty being mandatory for all murders whatever the circumstances. And when faced with scenarios of murder cases the proportion of the 1,000 persons interviewed who thought that the death penalty was the appropriate punishment for all these crimes was only 1 in 5. The main reason given for regarding the death penalty as the appropriate punishment for murder in the cases that the interviewees were asked to judge was retributive a deserved punishment for taking a life, and in a minority of cases regarded as dangerous to incapacitate the offender from committing further murders.. In only a tiny number of instances (1.3 per ) did these Trinidadians give as one of their reasons that it might have a general deterrent effect on others who might consider committing a murder. The high level of general support for the death penalty was contingent on it being enforced with no possibility that an inno person could be executed. If this should happen only 35% of those interviewed would continue to support capital punishment. Thus, legal reforms that would weaken the protection of the inno would be likely to lessen the support for the death penalty by a large perage. Trinidadians favour a discretionary death penalty. The findings show that a majority of persons interviewed did not support the use of the death penalty in all cases involving violent robbery or drug/gang killing, preferring to take into account mitigating factors, such as age and previous good character. This suggests that they would be unlikely to favour a mandatory system even for a smaller class of murders defined rigidly by statute, such as those involved in the commission of a violent felony. *** 23 February

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